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(영문) 서울중앙지방법원 2018.03.23 2017가단5143093
건물명도(인도)
Text

1. The Defendants shall pay 9.45 million won to each Plaintiff.

2. All of the Plaintiff’s remaining claims against the Defendants.

Reasons

1. On July 12, 2017, the Plaintiff acquired ownership by purchasing the real estate indicated in the attached Table (hereinafter “instant apartment”) in the auction procedure for D real estate auction in the court.

Defendant C was the husband of E, the former owner of the instant apartment, and was living in the Seoul Southern Detention Center from April 25, 2016.

Defendant B is residing in the apartment of this case with Defendant C’s consent from January 16, 2017.

(B) On September 2017, the Plaintiff applied for the issuance of a real estate transfer order against the Defendants, and completed the delivery execution against the Defendant B on January 20, 2018.

At the time of the execution of the above delivery, the lease price of neighboring apartment units similar to the apartment units of this case is KRW 1 million to KRW 1.2 million for monthly rent from KRW 300 million to KRW 500 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the determination as to the claim, the Defendants were obligated to compensate the Plaintiff for damages equivalent to the rent for the instant apartment from July 12, 2017, the date of acquisition of the Plaintiff’s ownership, to the day of January 20, 2018, inasmuch as they occupied and used the instant apartment, which is owned by the Plaintiff without permission (Defendant B’s direct possession, Defendant C’s indirect possession).

On the other hand, in full view of all the materials revealed in pleadings, such as the health zone, the interest rate on time deposit in the City-si bank, and the market price of neighboring apartment, it is reasonable to view that the rent without the deposit in the apartment in this case during the above period is KRW 1.5 million per month.

Therefore, the Defendants are liable to pay to each Plaintiff the amount equivalent to the rent for six months from July 12, 2017 to January 11, 2018 (1.5 million won x 6) for nine days from January 12, 2017 to January 20, 2018 (1.5 million won x 9/30).

3. Some of the Plaintiff’s claims are accepted.

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